Drug crimes lawyer in Benton, MO.
When you’re facing drug crimes in Benton, MO, the stakes couldn’t be any higher. No matter if it’s a misdemeanor possession charge, a felony trafficking offense, or even a federal drug crime, the consequences can be severe and long-lasting, if not permanent—including hefty fines, lengthy prison sentences, a criminal record, as well as the accompanying personal stigma. But with an experienced Benton, MO drug crimes lawyer by your side, you don’t have to face these challenging times alone.
Don’t leave your future to chance. Call Combs Waterkotte as soon as possible at (314) 900-HELP or reach out online to schedule a free, confidential consultation. Our experienced criminal defense attorneys in Benton, MO are committed to defending your rights, protecting your freedom, and safeguarding your future.
Drug Charges in Benton, MO? Choose Proven Legal Expertise
Your future is far too important to gamble with an inexperienced attorney in the Benton, MO area. Missouri continues to enforce some of the harshest drug laws in the nation, even with recent changes like partial marijuana decriminalization. Prosecutors are relentless in their pursuit of convictions, but at Combs Waterkotte, we’re even more relentless.
The Combs Waterkotte legal team has more than 40 years of experience and has successfully handled over 10,000 cases in the following fields and more throughout Missouri and the Benton, MO area:
Drug Crimes Lawyer in Benton, MO: How is the Severity Determined?
The seriousness of the penalties you face—whether it’s a misdemeanor or felony—depends on several factors, including:
- The classification of the drug (see below)
- The amount of the substance in question
- The actuality of any aggravating or mitigating factors
A drug crime conviction in Benton, MO can have far-reaching effects on your life. Aside from fines and prison/jail time—which vary depending on the severity of your crime—it can:
- Barriers to finding or advancing in a career.
- Make it near impossible to secure housing or loans.
- A tarnished reputation in your Benton, MO personal and professional circles.
- Loss or denial of professional licensure opportunities.
Drug Crimes Lawyer in Benton, MO: Missouri’s Controlled Substances & Penalties
Missouri’s schedule of controlled substances, categorized by the Missouri Department of Health and Senior Services under Missouri Revised Statute § 195.017, determines the severity of drug crimes and their penalties. They are:
- Schedule I: These drugs, including heroin, LSD, MDMA, hallucinogenic mushrooms, and the like, have no accepted medical use and the highest potential for abuse, resulting in the most severe penalties.
- Schedule II: Substances like cocaine, methamphetamine, fentanyl, oxycodone, and morphine, which have recognized medical uses but are tightly regulated due to their high potential for abuse.
- Schedule III drugs are classified as having a moderate to low potential for physical dependence or high psychological dependence, with accepted medical uses. Examples include weight loss medications, stimulants, antidepressants, and anabolic steroids.
- Schedule IV and Schedule V drugs encompass a variety of prescription medications, such as Valium, Xanax, Tramadol, Robitussin AC, Motofen, and Lyrica.
Penalties for Possession
Possession of any controlled substance in Benton, MO, apart from marijuana or synthetic cannabinoids, is a class D felony in Missouri, which can result in up to 7 years in prison. For marijuana or synthetic cannabinoids, possessing between 10 and 35 grams is classified as class A misdemeanor, punishable by up to 1 year in jail. If the amount exceeds 35g, the charge is a class D felony.
Penalties for Sale or Delivery
Delivery of a controlled substance in Benton, MO is treated as a class C felony, punishable by 3-10 years in prison. However, additional circumstances can lead to more severe charges:
- Proximity to a Protected Area: Selling or delivering drugs within 2,000 feet of a school or 1,000 feet of a park is considered a class A felony, carrying 10 to 30 years or even life imprisonment.
- Involving a Minor: Distributing drugs to someone under 17 who is at least 2 years younger than you, or allowing a minor to handle controlled substances, is a class B felony with enhanced sentencing.
Penalties for Trafficking
Drug trafficking in Benton, MO is categorized into two degrees with penalties based on type and quantity of the substance:
- First-Degree Drug Trafficking is a class B felony, punishable by 5-15 years in prison, when involving:
- More than 10 milligrams of fentanyl
- More than 30 grams of heroin
- More than 8g of cocaine
- Over 30g of methamphetamine
If larger quantities are involved, the charge is elevated to a class A felony, such as:
- 20mg or more of fentanyl
- 90g or more of heroin
- 24g or more of cocaine
- 90g or more of methamphetamine
- Second-degree trafficking is a class C felony when involving:
- More than 10mg of fentanyl
- Over 30g of heroin
- Over 30 kilograms of marijuana
- Over 30g of methamphetamine
This offense becomes a class B felony when the amount is:
- 90g or more of heroin
- 24g or more of cocaine
- 100kg or more of marijuana
- More than 500 marijuana plants
- 20mg or more of fentanyl
Drug Crimes Lawyer in Benton, MO: Strategically Defending Your Case
Being charged with a drug crime in Benton, MO can feel overwhelming, but you don’t have to face it alone. Call the knowledgeable attorneys at Combs Waterkotte right away at (314) 900-HELP or reach out online for a review of your case.
Drug crime penalties in Benton, MO are severe, but we know how to scrutinize every detail of your case to uncover weaknesses in the prosecution’s arguments. While every case is different, here’s how our drug crimes attorneys can help build a robust defense strategy:
Fighting Unlawful Search and Seizure
Under the Fourth Amendment, evidence obtained through an illegal search or seizure cannot be used against you. If law enforcement lacked probable cause or failed to obtain a valid warrant, we’ll push to have that evidence excluded. This could be the key to reducing your charges or getting a dismissal.
Disputing Possession
To convict on possession charges in Benton, MO, the prosecution must prove you had control of the drugs. When substances are found in a shared area or their ownership is uncertain, we’ll challenge the claim that they belonged to you. Missouri law differentiates between two possession types:
- Actual Possession: You physically had the drugs on your person, such as in a pocket, bag, or vehicle.
- Constructive Possession: This refers to having knowledge of and control over the location of drugs, coupled with the ability and intention to possess them in the future.
Proving Lack of Knowledge
The state must prove that you knowingly possessed or distributed the drugs. If there’s no evidence you were aware of the drugs—such as if they were planted or unknowingly left in your home or vehicle—our team can argue that you lacked the required knowledge to establish possession or distribution.
Chain of Custody Errors
The chain of custody for evidence must remain intact to ensure its validity in court. Any lapses, such as mishandling during collection or improper storage, may render the evidence inadmissible. This defense is particularly relevant in Benton, MO drug crimes and DWI/DUI cases.
Insufficient Evidence
To secure a conviction in Benton, MO, the prosecution must demonstrate your guilt guilt beyond a reasonable doubt. If the evidence fails to definitively connect you to the crime or relies on speculation, your lawyer can challenge its adequacy.
Duress or Coercion Defense
If threats or intimidation forced you to commit the alleged offense, a defense of duress may apply in Benton, MO. Similarly, coercion due to an imminent threat of harm could justify your actions and mitigate your culpability.
Scott County Resources
Below are quick links to important websites that may assist you with your legal matters in Scott County and Missouri.
Drug Crimes Lawyer in Benton, MO: How Combs Waterkotte Builds a Strong Defense
Our attorneys leverage decades of experience, a large network of experts, and a deep understanding of Missouri’s drug laws to craft a compelling defense. Here’s how we work to protect your rights in Benton, MO:
- In-Depth Case Review:
We dig deep into every aspect of your Benton, MO case, from reviewing police procedures to gathering witness testimony, to uncover crucial details that may challenge the prosecution’s narrative. - Scrutinizing Evidence:
Was the evidence obtained lawfully? Were your rights upheld in Benton, MO? Our team carefully analyzes the details to ensure any evidence acquired improperly is excluded from court. - Negotiation with Prosecutors:
Occasionally, the ideal outcome is reached outside the courtroom. Our lawyers work diligently to reduce charges, negotiate plea bargains, or secure alternatives to jail time, like probation, drug courts, or treatment or diversion programs However, you always have the final say.
Drug Crimes Lawyer in Benton, MO: Why Trust Combs Waterkotte?
At Combs Waterkotte, we’re dedicated to delivering exceptional results and unmatched client care. When you work with us, you can expect:
- Proven Expertise: Our team has a strong track record of securing favorable outcomes in Benton, MO drug crime cases.
- Clear Communication: Transparency is key—we make sure you’re never left wondering about your Benton, MO case’s progress.
- Focused Representation: Every case receives our full attention and determination to achieve the best possible outcome in Benton, MO.
When choose Combs Waterkotte for defense of drug crimes in Benton, MO, you aren’t just hiring a leading drug crimes lawyer in Benton, MO and throughout Missouri – you are safeguarding your rights, your freedom, and your future. In addition to expert defense from our esteemed drug crimes lawyers, our legal team is available 24/7 and provides expertise in the following areas for Benton, MO residents:
Facing a Drug Crime in Benton, MO? Reach Out To Combs Waterkotte Right Away
A drug charge in Benton, MO doesn’t have to define your future, but swift action is essential. With skilled legal counsel, you can fight to reduce or eliminate the charges against you. The experienced Combs Waterkotte Benton, MO drug crimes lawyers are ready to stand by your side and protect your rights. Don’t wait—your future depends on it.
Call Combs Waterkotte today at (314) 900-HELP or reach out online for a free case review with one of our devoted drug crimes lawyers in Benton, MO.